Search Results Page
Search Results
1 - 10 of 23 (0.48 seconds)Section 32A in The Income Tax Act, 1961 [Entire Act]
Section 84 in The Income Tax Act, 1961 [Entire Act]
Section 256 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax Bombay ... vs N.U.C. Private Ltd. on 21 April, 1980
But to say that the end product, the dam, is an article is
to be unfaithful to the normal connotation of the word. A
dam is constructed; it is not manufactured or produced. The
expressions "manufacture" and "produce" are normally
associated with moveables articles and goods, big and small
but they are never employed to denote the construction
activity of the nature involved in the construction of a dam
or for that matter a bridge, a road or a building. The
decisions of the Bombay High Court in CIT v. N. U. C. Pvt.
Ltd. I and in CIT v. Shah Construction Co. Ltd.2 relied
upon by Shri Murti are no doubt not decisions rendered under
Section 80-HH or under Section 84 they arose under the
relevant Finance Acts, the question being whether the
assessees were industrial companies they do contain
observations which tend to support the stand of the Revenue.
Commissioner Of Income-Tax (Central), ... vs Shah Construction Co. Ltd. on 21 April, 1982
But to say that the end product, the dam, is an article is
to be unfaithful to the normal connotation of the word. A
dam is constructed; it is not manufactured or produced. The
expressions "manufacture" and "produce" are normally
associated with moveables articles and goods, big and small
but they are never employed to denote the construction
activity of the nature involved in the construction of a dam
or for that matter a bridge, a road or a building. The
decisions of the Bombay High Court in CIT v. N. U. C. Pvt.
Ltd. I and in CIT v. Shah Construction Co. Ltd.2 relied
upon by Shri Murti are no doubt not decisions rendered under
Section 80-HH or under Section 84 they arose under the
relevant Finance Acts, the question being whether the
assessees were industrial companies they do contain
observations which tend to support the stand of the Revenue.
Commissioner Of Income-Tax, Bombay ... vs Pressure Pilling Co. (India) P. Ltd. on 10 January, 1979
15.Another set of appeals in the first group (Civil Appeal
Nos. 5865-5866 of 1983) are preferred against the judgment
of the Bombay High Court in CIT v. Pressure Piling Co.
(India) Pvt. Ltd.-' The respondent-assessee in these
appeals is engaged in the business of laying foundations for
buildings and other structures by a specialised patented
method known as pressure piling. For the assessment years
1963-64 and 1964-65, it claimed the benefit under Section 84
of the Income Tax Act, 1961 on the ground that it is a newly
established industrial undertaking within the meaning of the
said provision. The ITO denied the said relief on the
ground that the assessee did not satisfy the condition in
Section 84(2)(iii). In other words, he was of the opinion
that the assessee was not engaged in manufacture or
production of articles. The assessee's appeal to AAC was
dismissed, whereupon he carried the matter in further appeal
to the Tribunal. There, a difference of opinion arose
between the Accountant Member and Judicial Member who heard
the appeal. The Accountant Member was for allowing the
appeal whereas the Judicial Member was for its dismissal.
The matter was referred to a third member, who agreed with
the Accountant Member. Thereupon the Revenue applied for
and obtained reference of the following question under
Section 256(1) of the Income Tax Act:
Commissioner Of Income-Tax, U.P. vs Bharat Engineering And Construction ... on 8 September, 1971
33.Similarly, Civil Appeal Nos. 4239-4248 of 1992 (CIT v.
Shankar Construction Co.), C.A. No. 3859 of 1992, (CIT v.
Mysore Construction Co.), C.A. No. 3405 of 1991 (CIT v.
Suresh Malpani & Co.) and C.A. No. 2685 of 1992 (CIT v.
Buildment Pvt. Ltd.) are allowed. No costs. C.A. No. 5381
of 1992 delinked. SLP (C) No. 16838 of 1992 also delinked.
Post separately after 4 weeks.
The Commissioner Of Income-Tax vs The Mysore Sugar Co., Ltd on 3 May, 1962
33.Similarly, Civil Appeal Nos. 4239-4248 of 1992 (CIT v.
Shankar Construction Co.), C.A. No. 3859 of 1992, (CIT v.
Mysore Construction Co.), C.A. No. 3405 of 1991 (CIT v.
Suresh Malpani & Co.) and C.A. No. 2685 of 1992 (CIT v.
Buildment Pvt. Ltd.) are allowed. No costs. C.A. No. 5381
of 1992 delinked. SLP (C) No. 16838 of 1992 also delinked.
Post separately after 4 weeks.